Finance Act, 2001
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Mitigation. |
130.—(1) The Commissioners may in their discretion, in relation to any offence under or by virtue of the statutes which relate to the duties of excise or to the management of such duties or under any instrument relating to the management of such duties made under statute— | |
(a) mitigate any fine or penalty, | ||
(b) stay or compound any proceedings. | ||
(2) Section 1065(1)(b) of the Taxes Consolidation Act, 1997 , shall apply to any such fine or penalty. | ||
(3) A trial judge may in his or her discretion, mitigate any fine or penalty incurred for any offence referred to in subsection (1), provided that the amount so mitigated is not greater than 50 per cent of the amount of such fine or penalty. | ||
(4) Notwithstanding subsections (1) and (2), where a fine or penalty is mitigated or further mitigated, as the case may be, by virtue of either of those subsections, after judgement, the total amount or amounts mitigated under this section shall not be greater than 50 per cent of the amount of such fine or penalty. |